Terms of Use

These terms of use (the "Terms of Use") constitute the agreement that governs your use of the theraplex.com website (the "Site") of The Theraplex Company, LLC. and its affiliates (together, "Theraplex"). The Site is available for your use only on the condition that you agree to the terms and conditions set forth below, all with the intention of making them legally binding upon you.

YOU SHOULD CAREFULLY READ THESE TERMS OF USE BEFORE USING THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU SHOULD IMMEDIATELY EXIT THE SITE.

1. User Eligibility and Consent.

The Site is provided by Theraplex for use within the United States. Theraplex makes no representation or warranty that the Site is appropriate or that any information contained on the Site is useable or accurate outside of the United States. If you are accessing the Site from outside of the United States, you do so at your own risk and are fully responsible for compliance with applicable laws and regulations related to your territory of access.

The Site is not intended for use by children under the age of 13. We will not knowingly collect information about children under the age of 13 and will otherwise comply with the Children’s Online Privacy Protection Act. We ask that any user of the Site monitor the use of the Site by children under their care and make sure that those children are aware of the dangers of providing information about themselves over the Internet. We also would like to make you aware of the availability of commercial parental control software that will better enable you to monitor and, where necessary, block access by children to the Internet.

2. License and Site Access.

Theraplex hereby grants you the permission to access and make personal, non-commercial use of the Site. You may view, copy, print and distribute limited quantities of material from the Site, as long as the material is used by you solely for informational, non-commercial purposes. Your permission to access and use the Site will be deemed automatically to have terminated, effective immediately, upon any breach by you of these Terms of Use. Please note also that any rights not expressly granted to you by these Terms of Use are expressly reserved by Theraplex.

3. Intellectual-Property Ownership and Use.

All intellectual property associated with the Site, including, without limitation, its content, trademarks, service marks, trade dress and other proprietary intellectual property appearing on the Site or referenced in it (the "Intellectual Property"), are the sole property of Theraplex or other parties. Any rights associated with any item of Intellectual Property are retained by its owner and are protected by applicable law. These Terms of Use expressly prohibit any use of any Intellectual Property associated with the Site except as expressly specified in these Terms of Use or elsewhere on the Site.

4. Restrictions on Use.

The Site is protected by United States and international law, including copyright and trademark laws. These Terms of Use do not grant any license to you to modify, alter or frame the materials on the Site. Your license does not include any right of resale or of commercial use of the Site or its contents; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data-gathering and extraction tools in connection with the Site. You may not remove or alter any proprietary notices, including copyright notices, contained on any downloadable materials and must comply with any applicable end-user license agreements. You may not input or upload onto the Site any information or computer code that may damage, interfere with, alter, intercept or expropriate any system, the Site or its contents, or that infringes any Intellectual Property rights of Theraplex or any third party. Inappropriate inputs and uploads include Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines. You are also prohibited from posting or transmitting any unlawful, threatening, obscene, libelous, or otherwise offensive material, or engaging in any kind of harassment activity via the Site or any website linked to it.

From time to time, and without notice, Theraplex may establish and change its practices and restrictions concerning the use of the Site.

5. Product and Service Information.

The Site provides users with information regarding Theraplex products and services. Periodically, Theraplex may provide new features or information on the Site, each of which will be subject to these Terms of Use. Accordingly, we encourage you to visit the Site from time to time to review the current version of these Terms of Use.

Theraplex shall have no responsibility for errors of any kind in connection with the Site. Errors and the consequences of those errors may include, without limitation, any of the following: product and service descriptions on the Site may vary from time to time, and typographical errors may occur, with the result that product and service descriptions may not be complete, current or accurate. Any such typographical errors resulting in incorrect product or service information, including incorrect pricing information, may result in the failure to honor an order or request placed by you based on that incorrect information. Because actual colors and the "look and feel" you see on the Site will depend on your monitor and other technical factors, Theraplex cannot guarantee that the display of any products will be accurate at any time.

Products and services described on the Site are available only while supplies last, and Theraplex reserves the right to discontinue the production of any product, and to discontinue the offering or sale of any product or service at any time, without notice. Theraplex cannot guarantee that any particular product or service displayed on the Site will be available through any particular retailer, even if that retailer has indicated that the product or service is available through it. Any prices stated by Theraplex on the Site are suggested prices only; all retailer prices accessed by you through the Site or otherwise provided to you are subject to change without notice and might not include shipping and handling or any applicable sales taxes or customs duties. Return and refund policies vary by retailer and are not the responsibility of Theraplex. Theraplex is not a party to any sales transaction or other transaction you make with any retailer, either online, by telephone or otherwise. Theraplex therefore can make no guarantee that any retailer will fulfill any product order or honor any other commitment, promise or obligation to you.

6. Your Information and Privacy Considerations.

In order to take advantage of the full capabilities of the Site, such as the participation in certain special offerings and promotions, and to receive e-mailed information and announcements, you may be asked to send us information about yourself or others. We respect your privacy and the privacy of others, and we will, of course, endeavor to take care of any information you supply to us. If you believe, however, that any such information is so private to you or to any other person that possible disclosure would be embarrassing or otherwise inappropriate, we ask that you do not supply that information, even if it means that certain of this Site's capabilities, including the ability to participate in special offerings and promotions, would therefore be rendered unavailable to you or any other person. We do require, however, that the information you elect to provide to us be true, accurate, current and complete, and we request that you update that information as necessary.

Third-party websites linked to the Site are likely governed by their own confidentiality and privacy provisions. Theraplex is not responsible for those provisions and expressly disclaims any liability relating to any aspect of them, including their enforcement or lack of enforcement.

7. Disclosure of Content Monitoring.

Although Theraplex has no obligation to monitor any information provided to the Site by its users, including information that you provide, Theraplex reserves the right to monitor, retain, and disclose that information if required to do so by law or in a good-faith belief that disclosure is reasonably necessary to comply with legal requirements, to respond to claims that any information violates the rights of third parties, or to protect the rights, property or personal safety of Theraplex, its users or the public.

8. No Warranty.

The Site (including any content or information contained within it), any other THERAPLEX website, and any linked website, is provided "as is" and on an "as available" basis. AS TO THE SITE, AND TO ANY SUCH OTHER THERAPLEX WEBSITE AND LINKED WEBSITE, TO THE FULLEST EXTENT PERMITTED BY LAW, THERAPLEX EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Without limitation to the foregoing, Theraplex makes no warranty: (a) that there will be no interference with your enjoyment of the Site; (b) that the information provided will fulfill any particular purpose or need; (c) that the information provided is complete, reliable or accurate; (d) that any request will be honored according to your schedule or any stated schedule; (e) that the Site will otherwise meet any specifications, requirements or expectations; (f) that the Site will be uninterrupted, timely, secure or error free; (g) that the results that may be obtained from use of the Site will be accurate and reliable; or (h) that any errors in the content of the Site will be corrected.

You assume total responsibility and risk for your use of the Site and any linked website. Any material downloaded or otherwise obtained through the use of the Site is so obtained at your own discretion and risk. Theraplex will not be responsible for any damage to your computer system or loss of data that results from so obtaining any such material.

9. Limitation of Liability.

IN NO EVENT SHALL THERAPLEX, ITS RELATED ENTITIES, SUBSIDIARIES, JOINT VENTURES, PARTNERS, ENTITIES IN SUBSTANTIAL COMMON CONTROL OR THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, FROM ACCESS TO THE SITE, FROM THE USE OF IT, FROM THE INABILITY TO USE IT, THROUGH THE AUTHORIZED DOWNLOADING OF ANY CONTENT (INCLUDING, WITHOUT LIMITATION, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE) OR IN CONNECTION WITH ANY VIRUSES, BUGS, ACTION OR INACTION OF ANY COMPUTER SYSTEM, TELEPHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTION, OR ANY OTHER ERROR, FAILURE OR DELAY IN DATA TRANSMISSION OR NETWORK CONNECTION, EVEN IF ADVISED OF THE POSSIBILITY OF THAT DAMAGE. Theraplex has no liability for the deletion of any communications or information collected, maintained or transmitted by the Site or the failure to store any information, including personalized settings. Theraplex has no liability with respect to any information posted by users on chat rooms, bulletin boards or other user fora.

10. Submissions.

The submission by you of any information about yourself while using the Site constitutes consent by you to the collection, use, and disclosure of that information by Theraplex in accordance with these Terms of Use. The Site may use passive information collection devices, including, without limitation, the collection of Internet IP addresses and navigational data and the use of cookies. Although Theraplex takes reasonable steps to protect information that you may submit to it through the Site, Theraplex cannot guarantee the security of that information. You should also bear in mind that Internet transmissions are never completely secure, nor can they be guaranteed error-free. You therefore understand that, by use of the Site, you are assuming the security risk for any information that you transmit through it.

11. Modifications.

At any time, and without notice to you, Theraplex may modify, update, or otherwise change these Terms of Use or the Site. You agree that you are deemed to be apprised of, and that you are bound by, those changes, immediately upon the posting of them.

12. Termination.

Theraplex may, in its sole discretion, terminate your use of the Site or cancel or terminate these Terms of Use for any reason and without prior notice. Upon termination or cancellation of these Terms of Use, you will immediately discontinue use of the Site. In its sole discretion, and at any time, Theraplex may also discontinue providing the Site or any part of it, with or without notice. Theraplex shall not be liable to you or any third party for any of the foregoing. Sections 2, 6, 7, 8, 9, 10, 13, 14, 15 and 16 shall survive termination of these Terms of Use.

13. Links to other Websites.

Although the Site may contain links to third-party websites, Theraplex has no control over those linked websites; Theraplex provides those links as a convenience, and without assumption of liability of any kind. You acknowledge and agree that Theraplex is not responsible for the availability of those linked websites or their content. Theraplex provides links as a convenience and does not endorse or sponsor the proprietors or content of any linked websites, including any linked website of any company related to Theraplex or under common control with it. THERAPLEX DOES NOT PROVIDE ANY WARRANTIES OF ANY KIND REGARDING ANY LINKED SITE OR ANY PRODUCT OR SERVICE PROVIDED VIA ANY LINKED WEBSITE.

14. Caching, Linking and Framing by You.

Theraplex prohibits caching of any portion of the Site and any unauthorized links to the Site and unauthorized framing of it. Theraplex reserves the right to disable any unauthorized links or frames. If you desire to provide a link from your website to the Site, or to frame it, you must contact Theraplex for permission via the contact method provided on the Site. Theraplex will be under no obligation, however, to permit any link or frame.

15. Violations and Disputes

All claims regarding the Site shall be governed according to the laws of the State of Tennessee, United States of America, without regard to its conflicts of law principles. Any claim or action arising under this Agreement shall be subject to the exclusive jurisdiction of courts in Shelby County, State of Tennessee, United States of America. Theraplex makes no representations or warranties that materials on the Site are appropriate or available for use in any particular location; accessing the Site from any territory in which its content is illegal is not permitted or sanctioned by THERAPLEX. Please report any violations of these Terms of Use to Theraplex at: customerservice [at] theraplex [dot] com.

16. Complete Agreement.

These Terms of Use constitute a valid and legally binding agreement between you and Theraplex with respect to use of the Site. These Terms of Use supersede any other agreement between you and Theraplex with respect to the subject matter of these Terms of Use, and shall constitute the entire agreement between you and Theraplex with respect to the Site, subject to change by Theraplex as provided above. Section headings in these Terms of Use are for convenience only and have no legal or contractual effect. If any provision of these Terms of Use is found to be unenforceable, the other provisions shall still remain in full force and effect.

These Terms of Use of the Site were last updated on July 30, 2010. Please check back periodically for updates and changes.